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NATION : Law in Custody Fight Challenged

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From Times Wire Services

The former husband of Dr. Elizabeth Morgan today challenged the constitutionality of a law designed to free his former wife after 25 months behind bars for concealing their daughter in a bitter custody battle.

Morgan remained in jail, awaiting action on a weekend request filed by her lawyers that she be freed.

Lawyers for Morgan’s former husband, Dr. Eric Foretich, claim the legislation, which President Bush signed Saturday, infringed on the powers of the local courts. The attorney, Elaine Mittleman, also said the bill violated Foretich’s rights and those of the couple’s daughter, Hilary, 7.

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Morgan has been in jail rather than produce the child for a court-ordered visit with Foretich, claiming he had sexually abused Hilary. Foretich denies the allegation.

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